City pursues Bauerly Brothers for damages

This article submitted by Linda Stelling on 7/30/96.
Bauerly Brothers asked the Paynesville City Council to drop liquidated damages for 1995 street project near the hospital at the council meeting Wednesday night. At their July 10 meeting, the council approved seeking liquidated damages from Bauerly Brothers for the poor bituminous work and delays in finishing the 1995 street project. The council had asked Bauerly to pay for seal coating to cover up raveling pavement.

In a letter from Bauerly Brothers, they outlined the project and concluded the landscape people were hurt by the wet fall and spring as they couldn't get into the sod fields. Bauerly Brothers said they were sorry for the inconvenience, but feel under the circumstances the liquated damages should be dropped.

Rich Pederson, SEH engineer, said they were trying to be fair with Bauerly Brothers, that is why the city did not seek any damages for the days prior to June 1. "We are not counting the days last fall or this spring. It was not a tremendously wet spring as we checked with the sod farmers and we feel they could have been done by June 1," Pederson said.

In regard to the seal coating, Bauerly Brothers asked to meet with the council again. The letter stated: "The summer has made a difference in the appearance of the streets, and they seem to have sealed up in the areas that were in question."

"In my opinion, the problems are still there," Ron Mergen, public works director, told the council. "Bauerly knew the 1995 project would run into late fall when they bid the project," Pederson added.

City Attorney Bill Spooner said the city should do everything they can to document the problems with the 1995 project before seal coating the streets.

The city approved a bid from Caldwell Asphalt, Hawick, for $8,305 for the seal coating. The cost is to be deducted from the final payment to Bauerly Brothers. Dennis Zimmerman, city councilman, said he gets the feeling the 1995 project doesn't matter to Bauerly. "We need to be firm with them to get the job done," he added.

In addition, Bauerly Brothers are asking for an extension on the 1996 street project on Minnesota Street and Main Street. The contract states the project was to have been completed within 50 working days (July 19) or no later than Aug. 16 due to change orders. Bauerly Brothers is asking the contract be extended until Sept. 15.

Pederson recommended the council give Bauerly Brothers the extension until Aug. 16 and no later. "They are presently waiting for catch basins to be placed before laying tar, but there is no reason the cleanup work can't be started on the boulevards and around the sidewalks," he added

The council agreed to give Bauerly Brothers until Aug. 16 to complete the 1996 project and no longer.